International Treaties France-Comercio - Full Text Of The Norm

Original Language Title: TRATADOS INTERNACIONALES FRANCIA-COMERCIO INTERNACIONAL - Texto completo de la norma

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Law 13.954

ADDITIONAL PROTOCOL TO TRADE CONVENTION WITH FRANCE

BUENOS AIRES, September 18, 1950



The Senate and the Chamber of Deputies of the Argentine Nation,
in Congress, etc.
SANCIONAN WITH FORCE OF LEY.

Article 1.- Approve the trade and financial agreement between the Argentine Republic and the French Republic, signed in Paris on 23 July 1947, by the plenipotentiaries of both countries.

Art. 2.- Contact the Executive.

WHOLE - CAMPORA - Zavalla Carbó.

Commercial and financial agreement between the Argentine Republic and the French Republic signed in Paris on 23 July 1947.



CHAPTER I
General provisions.

Art. 1.- The High Contracting Parties declare their intention to strengthen the economic and financial links that bind them and encourage the exchange of their products by ensuring permanent markets in accordance with their respective national needs.

Art. 2.- The Governments of the Argentine Republic and the French Republic ensure the application of strict reciprocity treatment for all commercial and financial operations between the two countries. They will study and resolve with the greatest benevolence the proposals that are mutually formulated to facilitate and increase their economic relations.

Art. 3.- The High Contracting Parties undertake to provide the maximum facilities compatible with their respective laws, natural or manufactured products originating from the territory of one of the two countries that are imported into the other in terms of duties, fees, taxes, or tax charges and in respect of the administrative procedures and procedures to which the import, circulation, transport and distribution of the same are subject.

Art. 4.- The Governments of the Argentine Republic and the French Republic shall take the necessary measures and arrangements to ensure, within the spirit of the provisions and treaties in force in this field, respect for the designations of origin and quality that correspond to the exclusive products of one of the countries, by repressing with application of appropriate sanctions the circulation and sale of those produced in its own territory or in third countries with false denominations of origin, quality or type.



CHAPTER II
Export of Argentine products to the French Republic.

Art. 5.- The Government of the Argentine Republic undertakes to sell and the Government of the French Republic to buy during the years 1947 to 1951, including the annual minimum quantities of the following products, provided that in each of the years the exportable balances are not less than the figures specified: #NM (CUADRO) In the event that in any of the above-mentioned years the exportable balance of the above-mentioned products is less than the figures indicated, the Argentine Government undertakes to sell to the French Government and the latter to buy, at least, the amounts they represent, the following hundred of the respective year ' s exportable balance: #NM (CUADRO)

Art. 6.- The products indicated in art. 5, for the amounts indicated therein, shall be acquired directly by the Government of the French Republic or by the trade unions of buyers or individuals in accordance with the French legislation and provisions, which regulate the purchases abroad, or with the intervention of the Argentine Institute for the Promotion of the Exchange, in accordance with the provisions of decree-law 15,350/46 (1), except that this agency prescribes that other institutions are bought This provision will also apply to the other purchases of Argentine products that France makes with the funds from the revolving credit referred to in article. 21.

Art. 7.- The products specified in Art. 5 will be delivered in quarterly quotas to be determined at a minimum of thirty days prior to the initiation of each calendar quarter, by agreement between the Argentine Institute for the Promotion of Exchange and the Embassy of France in Buenos Aires. The first two quotas for the current year, to which the quantities of the aforementioned products exported to France will be charged since 1 January last, shall be established under the conditions specified in the preceding paragraph, within thirty days from the date on which the present Convention is entered into force.

Art. 8.- The Argentine Institute for the Promotion of Exchange will invoice to France the Argentine products that have been sold through its mediation at the contractually established prices.

Art. 9.- In the event that France, during the prefixed periods, will find other sources of supply that effectively provide it with the products contained in Article 5, of quality equal to that of the Argentine Republic, at prices lower than those quoted by the Argentine Institute for the Promotion of Exchange for the respective quarterly quota, it will notify this agency that it will decide within a maximum of five days if it is in a position to match such offers. If otherwise or by means of a lack of response to the notification, France may acquire the quarterly quota of the product concerned in the other supplier source, leaving the amount thus purchased deducted from the commitment made by this Convention. In this case, the Argentine Republic is free to have the quota deducted and sell it to another customer.

Art. 10.- The Argentine Government will provide facilities to enable France, once the domestic needs are met and the sales commitments entered into with other countries are met, to purchase in the Argentine Republic, at the prices agreed upon in each case, during the years 1947 to 1951, including the following products for the minimum annual quantities listed below:

Products-Cantities (In tonnes) Carne vaccina.......7,000 Carne ovina.............3,000 rolls of brittle...10.000 Dry blood.........................3,000 Meat flour.......3,000 edible oil....12,000 Industrial fat.............3,000 Products-(In m$n.) Opoterapic products.7,000.000 In the event that France is able to purchase in the Argentine Republic the edible oils referred to in this article, it also buys oleaginous cakes for an amount that equals triple the volume of the first of the aforementioned products.

Art. 11.- The French Government will promote and facilitate, to the extent of the needs of its domestic market, the purchase in the Argentine Republic of fresh and dried fruit and footwear.

Art. 12.- The French Government ensures that all Argentine products that are exported to France by application of this Convention will be destined to satisfy domestic consumption in the territories indicated in Article 2. 55.

Art. 13.- Exports of Argentine products to France will be subject to the provisions governing in the Argentine Republic at the time of each operation.



CHAPTER III
Export of French products to the Argentine Republic.

Art. 14.- The French Republic will sell to the Argentine Republic, to the extent of the needs of this last country, during the years 1947 to 1951, even the following products and goods, for the minimum annual quantities that are indicated below: Products or goods-Cantidades (In tons) Laminates of common iron....................................... .

....................................500 Fabrics of natural silk.......................................150 Lines of combed linen (number of 0 to 30 inclusive)................ .

...........................200 Linen Fabrics..........................................100 Fine cotton Fabrics (weight below 130 grs.... the m2........

................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Fine papers of thread, luxury papers for printing, illustration, etc., papers for planes and ferroprusiate. ..

500... 500... ............150 Machinery for distilleries and wits...............350 Electric material and household appliances.......................................................................................

...........................40 Mechanical tools.................................10 Machinery for weaving, dyeing, apparition and knitting. .

.................................70 Machines for the wood industry......................10 Mechanical material..............................250 Metallic fabrics (on or brass)................................................................................................................................................................... ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

.50 Instruments for agriculture and horticulture..................50 Prismatic microscopes....................................................................................10 Scientific instruments........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Tools for drawing..............................................10 Products or merchandise Approximate value in millions of FFcs. I've got to go.

...........................20 Toys and articles for sports........................50 Seeds selected (alfalfa, gramíneas, ray-grass, seeds for horticulture and floriculture................... .

.........................................................

Art. 15.- The Government of the French Republic undertakes to grant the Argentine Republic all kinds of facilities so that the last of the aforementioned countries, to the extent of their needs, may acquire, during the years 1947 to 1951, even after the domestic consumption of France has been covered and the foreign sales commitments that it has made to date of this convention, a greater number of the products listed in article. 14, as well as other unmentioned natural and manufactured products, especially those that follow:

Art. 16.- The surrenders to the Argentine Republic of the French goods acquired through the Argentine Institute for the Promotion of Exchange will be made in quarterly quotas, to be established in common agreement, by the aforementioned agency and the Embassy of France in Argentina, at a minimum of thirty days in advance at the beginning of each calendar quarter. The first two quotas for the year 1947 shall be established under the conditions specified in the preceding paragraph, within thirty days, from the date on which the present Convention is entered into force.

Art. 17.- All French goods purchased by the Argentine Republic, whether or not expressly mentioned in this Convention, shall be invoiced at prices not exceeding those in other supplier positions, and, where France is the only exporting market, at the price at which it is sold to other countries or, in the event of no immediate exports, at the prices that are contractually established.

Art. 18.- The French products that are sent to Argentina shall be subject to the general provisions in force in France at the time of their export and in Argentina, at the time of their dispatch to square.



CHAPTER IV
Financial provisions and payment regime.

Art. 19.- All payments of any kind corresponding to direct operations between Argentina and the "French zone" shall be made exclusively in French francs under the conditions provided for in this chapter. The provisions of this chapter shall also apply to the liquidation of trade operations concluded between Argentina and France through or with the intervention of international agencies.

Art. 20.- All payments referred to in art. 19 will be made by the credit or debit, as appropriate, of a French franc account entitled "Special Account Argentina", which the Bank of France, acting on behalf of the French Government, will open to the Central Bank of the Argentine Republic, who will act on behalf of the Argentine Government. The operations may be carried out, either directly between the two emission institutes or through banks or institutions authorized to operate among them, on the account of the Central Bank of the Argentine Republic. "Special Argentinean accounts."

Art. 21.- The Government of the Argentine Republic, through the Argentine Institute for the Promotion of Exchange, agrees to the Government of France a revolving credit with an uncovered authorised up to the equivalent in French francs of six hundred million pesos national currency calculated according to the basic quote of the French franc in Buenos Aires applicable to the exports of Argentine products, amount in which the total balance shown to the date of this Convention is the accounts referred to in Article. 20, opened under the Franco-Argentine agreement of 22 October 1945.

Art. 22.- The maximum limit of the credit of six hundred million pesos national currency will be reduced in the amount of the difference that quarterly throws the transfers of capitals that are made from Argentina to the "French zone" and those that are carried out in the opposite sense, provided that the amount of the first ones is higher than the corresponding to the second ones. The adjustment of the credit limit will be made at the end of each quarter in which the difference occurs. The difficulties that may eventually result in the application of the above-mentioned procedure shall be resolved by common agreement of the High Contracting Parties, as set out in article 38. inc. e).

Art. 23.- For the purposes of the application of art. 22 of this Convention it is understood that the current payments enumerated in art. 39 except for contractual amortizations whose amount could not be transferred to France in due time due to the blockade measures imposed in the Argentine Republic following the war.

Art. 24.- The credit referred to in art. 21 remembers for a period of three years to be counted from 1 January 1947. This period is extended by common agreement of both parties until 31 December 1951.

Art. 25.- The special account opened by the Bank of France on behalf of the Central Bank of the Argentine Republic will be credited at the end of each quarter by the French Government with the interests of the total availability recorded therein, according to the following rates. 1.- During the first three years of credit: a) The type of interest corresponding to that of the French Treasury Bonuses three months, for the sum in French francs equivalent to up to one hundred and fifty million pesos national currency, calculated according to the basic quote of the French franc applicable to the exports of Argentine products. (b) The rate of 2.7 per cent per year over the amount referred to in the preceding inc. (a). 2.- From 1 January 1950 and to the full cancellation of the credit, to the rate of 3 per cent per year for the total creditor balance of the said account. On the date of the entry into force of the present Convention, the Bank of France shall adjust the interests of the availability recorded so far in the special account opened on behalf of the Central Bank of the Argentine Republic, in accordance with the rates set out in item 1. of this article.

Art. 26.- The Central Bank of the Argentine Republic will telegraphically notify the Bank of France, at the end of each day, of the total balance of the accounts referred to in article. 20. The Central Bank of the Argentine Republic shall not request any refund until such balance does not exceed the limit of the credit to be established under the conditions set out in the Articles. 21 and 22.

Art. 27.- When the total balance of the accounts referred to in art. 20 established by the Central Bank of the Argentine Republic, exceeds the limit of the credit determined under the conditions specified in the Articles. 21 and 22 the above-mentioned institution may request, by minimum quotas of 10 million French francs, the conversion and payment of the surplus in free gold, which shall be delivered in the places and under the conditions set out in article 33. By common agreement between the two emission institutes, it may be resolved that the payment of the surplus referred to in the preceding paragraph shall be made in United States dollars or in other currencies.

Art. 28.- The Bank of France may at any time sell to the Central Bank of the Argentine Republic gold under the conditions provided for in the first paragraph of art. 27 or the common currency established by both emission institutes, against all or part of the total creditor balance that could throw the accounts referred to in article. 20.

Art. 29.- At the expiration of the period established in art. 24, if the final balance of the accounts referred to in art. 20 exceeds, either the limit of the credit established under the conditions specified in the Articles. 21 and 22, be it the third part of the gross total of the payments made by France since 2 November 1945, the Central Bank of the Argentine Republic may request the reimbursement of that surplus under the conditions provided for in Article 2. 27. The remaining final balance, as well as that for the term operations to be settled through the accounts referred to in art. 20, the guarantee provided for in article 31. They can be used, until their full refund, for any payment made from the Argentine Republic to the "free zone".

Art. 30.- At the end of the period established in art. 24, the provisions of art. 25 shall remain in force on the understanding that the final balance of the accounts referred to in the article. 20 shall be reimbursed under the conditions provided for by art.

27, in six equal instalments plus interest earned during the respective semester. The first payment for amortization and interest shall be made effective within six months of the expiry of the stated deadline and the subsequent payment every six months. Payments from Argentina to the "French zone" that continue to be made through those accounts after the expiration of the aforementioned period shall be deducted from the respective semi-annual quota.

Art. 31.- The Central Bank of the Argentine Republic will telegraphically notify the Bank of France, at the end of each day, of the total Argentine position in French francs, which will include the overall balance in that currency and the corresponding to the operations in terms to be liquidated through the accounts referred to in Article. 20. In the event of modification of the price of gold taken into consideration for the application of the provisions contained in this chapter, the total Argentine position in French francs will be adjusted by the Bank of France or by the French Government in the proportion of the variation that occurred. The readjustment will be made through a global seat in the credit or in the debit, as appropriate from the Central Bank of the Argentine Republic account in the Bank of France.

Art. 32.- For the readjustment of the Argentine position in French francs, provided for in the previous article, the following procedure shall apply: 1.- The readjustment will be made on the position counted and on term telegraphically notified by the Central Bank of the Argentine Republic to the Bank of France at the closing of the operations of the day prior to the modification of the gold price taken into consideration for the implementation of the provisions of this chapter. 2.- Position counted: The Bank of France or the French Government shall immediately credit or debit, in the account of the Central Bank of the Argentine Republic, the necessary amount of French francs so that the new balance of the position counted Argentine, at the modified price of gold, equals an amount of that metal equal to that represented, the balance prior to the devaluation or valorization incurred. 3.- Position to term: (a) The term operations that are concluded from the date on which a change in the price of gold occurs shall be recorded in a new future position: (b) The readjustment of the balance of the position at the end of Argentina prior to the date of a change in the value of gold shall be effected as the respective operations are liquidated and the foreign exchange in the Argentinean counted position. The Bank of France, or the French Government, will increase or decrease the number of French francs entering the Central Bank of the Argentine Republic account in proportion to the devaluation or valorization that occurred.

Art. 33.- For the application of the provisions of arts. 27, 28, 29, 31 and 34, the price of gold to be taken into consideration will be determined by the following two only elements: (a) The average of the United States dollar buyer and seller rates fixed by the Bank of France (b) The gold price in New York. Gold deliveries, which must be piled or in good delivery bars, provided by arts. 27, 28 and 29 will be made free of charge at the central house of the Central Bank of the Argentine Republic. In the event that gold deliveries were made in common agreement in another square, the Central Bank of the Argentine Republic will not be able to claim differences by economy in transfer costs.

Art. 34.- The Central Bank of the Argentine Republic may, at any time, acquire the Bank of France French francs against gold or against the cession of the currency that, in common agreement, establish the two emission institutes. In addition, the Bank of France will provide the Central Bank of the Argentine Republic, against debit in the Argentine special account and the rates in force in Paris, the local currency necessary to make any kind of payment in the territories of the "free zone" in which these currencies have legal liberatory power.

Art. 35.- For the application of the provisions of the present chapter, the exchange rate between the Argentine peso and the French franc will be the one that results from the type of the US dollar respectively in Buenos Aires and Paris. The type of US dollar in Buenos Aires that will be taken into consideration will be:

(a) Regarding the operations that in Argentina should be carried out by the market called "Official Market of Changes", the type that governs in that market for the operation referred to (b) Regarding the operations that in Argentina should be carried out by the market called "Free Market of Change", the type of the day in that market. The rate of the United States dollar in Paris that will be taken into consideration will be the average of the buyer and seller rates set by the Bank of France.

Art. 36.- When payments should be made between Argentina and the "French zone", and vice versa, in compliance with contracts stipulated in a third currency, the conversion to French francs must be made: 1.- With respect to the operations that in Argentina should be carried out by the market called "Official Market of Changes", on the basis of the type in force in Buenos Aires: a) With respect to exports to France, the day of payment b) With regard to imports from France, the day when the order of customs clearance is started in Argentina. 2.- With respect to the operations that in Argentina should be carried out by the market called "Free Market of Exchanges", according to the average quote of the buyer and seller rates set for the above currency, by the Bank of France on the date of payment.

Art. 37.- In order to establish the value in French francs of the shipments of meat to France attributable to the Convention of Anglo-Argentine meats, the amount in sterling pounds invoiced by the Argentine exporter will be converted to Argentine pesos, to the official exchange rate of basic buyer in Buenos Aires on the date of payment, or to the exchange rate insured by the Central Bank of the Argentine Republic in the event that a insurance for those exports had been granted. The amount resulting from Argentine pesos will be converted to French francs to the basic buyer type in force in the official Argentine market on the date of payment.

Art. 38.- The High Contracting Parties agree on: (a) To ensure that transfers of funds between Argentina and the "free zone" and vice versa, carried out in accordance with the provisions of this chapter, relate exclusively to direct operations between the two territories (b) Authorize the current payments between Argentina and the "free zone" and vice versa, on the basis of a reciprocity regime:

(c) To consult with the aim of controlling transfers of capital, in accordance with the principles of their respective policies, especially to prevent transfers that do not have a useful economic purpose: (d) To exchange any useful information in order to ensure better control of the implementation of the regulations of changes in force in each of its two countries (e) To remain in touch with a view to examining jointly all the technical issues that arise in the implementation of the provisions contained in this chapter and to agree on all the measures that the circumstances make necessary.

Art. 39.- Current payments, provided for in subparagraph (b) of the previous article, include in particular: Official payments Commercial payments, including accessory expenses Wages, services, subsidies and maintenance expenses Pensions, rents, interests and benefits Exploitation costs, contractual amortizations Rights and expenses for patents and licenses, copyrights Taxes and fines: Insurance and reinsurance payments (first and compensation) And any other payments of the same nature.

Art. 40.- Both emission institutes shall be consulted, as appropriate, to consider authorizing, in accordance with the other monetary authorizations concerned, if any: (a) The use of existing assets in the credit of the accounts referred to in art. 20 to make payments in favour of residents outside Argentina or of the "French zone" (b) The acquisition of such persons in French francs for the purpose of their registration in the credit of such accounts.

Art. 41.- The freights corresponding to the transport of Argentine and French products that are exchanged in both countries can be paid in French francs only when carried out on Argentine or French flagships.

Art. 42.- Goods originating from third countries that France acquires in Argentina may not be paid through the special accounts created by this Convention, unless agreed in each case by both emission institutes.

Art. 43.- The High Contracting Parties shall reconsider the provisions of this chapter to make amendments to the case, if necessary as a result of their accession to international monetary conventions of a general nature.

Art. 44.- The Bank of France may requisition to the Central Bank of the Argentine Republic the amount of 16,885,8445 kilograms of fine gold deposited on behalf of the latter institution on 16 September 1946, pursuant to the Agreement of 22 October 1945, against reimbursement of the sum of French francs resulting from the application of the price of the said metal, in force at the date of the operation, which will be determined in the manner established in the Art. 33 of this Convention.



CHAPTER V
Maritime and air communications.

Art. 45.- The vessels of each High Contracting Party shall enjoy the most favourable treatment accorded by their respective laws, in terms of the port regime and the operations to be verified therein.

Art. 46.- The High Contracting Parties undertake, during the validity of this Convention, to take appropriate measures to ensure that the transport of goods that are exchanged between France and Argentina is made preferably by French and Argentine national flag vessels on equal tonnage. The expansion of these provisions may not result in delays in the delivery or care of the products to be transported.

Art. 47.- The Argentine Government and the French Government will reciprocate the necessary facilities, consistent with their respective laws, for the organization of special zones and frank deposits of one of the two countries in the ports of the other.

Art. 48.- The Contracting Governments undertake to promote commercial air communications between the two countries for which reciprocity will be granted, the necessary facilities and authorizations, both with regard to the rights of flight, landing and use of the services and facilities of their airports, as well as to the traffic of passengers, correspondence and airborne goods from one country to the other. To this end, the terms of an agreement will be considered in which, in the spirit of the present declaration, the modalities of its implementation will be determined.



CHAPTER VI
Insurance

Art. 49.- The Argentine Government reserves the right to ensure in Argentine companies the Argentine goods that are exported in France and the French products that are imported in Argentina, when the risks of the Transport are taken into account by the seller or the buyer, respectively. The French Government reserves the right to ensure in French companies the French goods that are exported to Argentina and the Argentine products that are imported in France, when the transport risks are taken into account by the seller or the buyer, respectively.

Art. 50.- The Argentine Government and the French Government will agree on the implementation of the technical means that contribute to the increase, the volume of reinsurance operations between the two countries.



CHAPTER VII
Books, other publications and film films.

Art. 51.- The Governments of the High Contracting Parties shall take the necessary measures to ensure and increase the exchange of: (a) Books, magazines, journals and other publications (b) Film films. To that end, both Governments will have the necessary measures to ensure that the import, commercialization, exhibition and taxation of books, other publications and film films, produced in one of the two countries that are introduced in the other, enjoy the maximum facilities provided by their respective laws.



CHAPTER VIII
Final provisions.

Art. 52.- The French Government will consider with the best disposition any requirements it receives from the Argentine Government for the operation of procedures, patents, machinery, technicians and specialized workers, for the industries established in the Argentine Republic or which may be established in the future.

Art. 53.- According to the legislation in force in both countries, their governments will facilitate the installation of branches or agencies of official agencies and banks of the same nature as established in the other.

Art. 54.- Any High Contracting Party may promote negotiations to correct, in common with the other, the difficulties of any kind that may arise from the implementation of the provisions contained in this Convention.

Art. 55- The provisions of this Agreement shall apply to the following French territories, those that are part of the "French zone", referred to in Chapter IV: France Metropolitana (including Corsica) Algeria Africa Occidental Francesa Africa Equatorial Francesa Madagascar and its dependencies Meeting of the French Guiana Guadalupe Martinique Saint Pierre and Miquelon French Establishments of India Indochina New Caledonia French Establishments of Oceania

Art. 56.- The provisions contained in chapter IV of this Convention replace those established in the Agreement of 22 October 1945. The provisions of the Subscribed Treaties are repealed prior to the date between the French Republic and the Argentine Republic, as opposed to the provisions of this Agreement.

Art. 57.- This Convention shall be ratified in accordance with the constitutional procedure of each High Contracting Party and the exchange of its ratifications shall be made in Buenos Aires as soon as possible. Without prejudice to its timely ratification, the present Convention shall, provisionally, begin to govern the day after its signature and shall remain in force until 31 December 1951, except as expressly provided for in the text thereof. In faith of which two copies are signed in the Spanish and French languages, equally valid in Paris, on 23 days of July of the year thousand nine hundred forty-seven.-

Georges Bidault.-Julio Victorica Roca.